Wrongful Death Causes Are Varied

Added: (Mon Feb 01 2010)

Pressbox (Press Release) - When someone dies as the result of someone else’s negligence, this is referred to as a wrongful death. It may then be fitting to file a wrongful death lawsuit.

The most important thing to remember about wrongful death lawsuits is that they are civil cases, not criminal cases. This means they have a different standard to meet and it also means that even if someone were found “not guilty” of a death in criminal court, that a wrongful death suit may still be filed. One of the most famous wrongful death cases that illustrates this clearly is that of O.J. Simpson.

“When a loved one dies because someone else or a company was negligent, the grieving loved ones may have recourse to file a wrongful death suit. Not every death is a wrongful death, and this is something that needs to be discussed with a skilled personal injury attorney,” explained Brooks Schuelke of Perlmutter & Schuelke LLP, Austin personal injury attorneys.

The major reason people file wrongful death lawsuits is because the family left behind in the wake of the sudden death of a loved one needs a way of holding negligent parties accountable for the death. “Since these types of suits occur in civil court, they have a lower standard of guilt, meaning the burden of proof here would be based on a preponderance of the evidence. Put another way, this would mean that it would be ‘more likely than not’ that the plaintiff’s claims are right,” added Schuelke. On the other hand, in a criminal case, guilt must be proven beyond a reasonable doubt.

Filing a wrongful death lawsuit is not an easy thing to do and it can overwhelm even the strongest person. However, having an experienced attorney to assist in finding justice is usually conducive to offering the grieving family the financial resources they need to cope with expenses such as end of life medical expenses; therapy; funeral costs; and other related financial concerns.

“Wrongful death claims may occur in many forms and fashion,” Schuelke commented. For instance, common reasons of fatal negligence may include car crashes; construction defects; murder; manslaughter; drug errors; assault; and reckless driving.

“The bottom line is that if a family has lost a loved one due to an accident, speak to a highly skilled Austin personal injury attorney, and find out how to proceed to justice,” said Brooks Schuelke of Perlmutter & Schuelke LLP, Austin personal injury attorneys.